A catastrophic injury can require decades of attendant care, therapy, medication, equipment replacement, accessible transportation, home modifications, and lost income. In New York, future damages must be supported by evidence showing what the injured person will need, how often the expense will recur, how long it will continue, and what...
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When a radiologist misses an abnormal scan, an emergency physician does not act on worsening symptoms, and a specialist is called too late, a plaintiff cannot prove malpractice merely by alleging that the “medical team” failed. Liability must be tied to particular providers. A medical malpractice lawyer must identify the...
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Can a patient have a medically supportable malpractice claim and still put the lawsuit at risk before the defendant even answers the complaint? Yes. New York imposes a filing requirement that does not apply to an ordinary negligence action. CPLR § 3012-a generally requires the plaintiff’s attorney to review the...
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Hospitals do not avoid responsibility just because a medical error was committed by a doctor, nurse, technician, resident, or contractor inside the building. Hospital liability can arise when the institution’s own systems fail, when employees provide negligent care, or when a patient reasonably believes the hospital supplied the physician who...
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Your NY personal injury claim must prove, in numbers, what the injury will cost for care, income, mobility, housing, daily help, and permanent loss. The most expensive part of a catastrophic injury is often the care that has not happened yet. A person may leave the hospital with bills, but...
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